[2020] KEHC 7826 (KLR)
The court found that the applicant had demonstrated substantial rehabilitation during his 18 years of incarceration, as evidenced by his acquisition of vocational skills and positive prison reports. The period already served was deemed sufficient punishment for both robbery with violence and rape, considering the...
Source-derived case information.
- Citation
- [2020] KEHC 7826 (KLR)
- Parties
- Applicant: Stephen Shem Shituba; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 120 of 2018
- Procedural Posture
- Miscellaneous Application / Resentencing Ruling
- Outcome
- application for resentencing allowed; applicant released unless otherwise lawfully held
- Judges
- RB Ngetich
- Legal Topics
- Resentencing, Robbery With Violence, Rape, Penal Code Section 296 2, Penal Code Section 140, Prisoner Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Stephen Shem Shituba
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Resentencing Ruling
Legal Issues
- 1 Whether the applicant is entitled to resentencing after serving 18 years for robbery with violence and rape.
- 2 Whether the period already served is sufficient punishment for the offences committed.
Ratio Decidendi
The court found that the applicant had demonstrated substantial rehabilitation during his 18 years of incarceration, as evidenced by his acquisition of vocational skills and positive prison reports. The period already served was deemed sufficient punishment for both robbery with violence and rape, considering the applicant's reformation and the need to reintegrate him into society. The court exercised its discretion to order the applicant's release, holding that continued incarceration would not serve the interests of justice given the circumstances.
Court Disposition
application for resentencing allowed; applicant released unless otherwise lawfully held
Orders
- 18 years already served is sufficient for both counts of robbery with violence and rape.
- Applicant is hereby released unless lawfully held for another reason.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC.APPL NO.120 OF 2018
STEPHEN SHEM SHITUBA.......................................PETITIONER
VERSUS
REPUBLIC..................................................................RESPONDENT
RULING
1. This is a ruling on application for resentencing. The applicant was charged and convicted off the offence of Robbery with Violence Contrary to Section 296 (2) of the Penal Code. He was sentenced to death. He has exhausted his right of appeal by filing appeal in both the High Court and Court of appeal.
2. On 20th January 2020, he submitted that he has reformed and prayed to be given a second chance to join his family. He stated that he has been in prison for 18 years now and has trained in carpentry, joinery and has learned how to use circular machine to split timber.
3. The applicant also said he has repented and has been a Christian for 2 years now.
4. In response, the state counsel urged the court to uphold the sentence in view of the fact that the applicant used dangerous weapons leaving serious injuries on the victim. She submitted that the applicant was also convicted of rape.
ANALYSIS AND DETERMINATION
5. I note from the record that the applicant with two others were convicted for Robbery with Violence and Rape. They filed appeal to the High Court and the conviction on both counts and sentence upheld. For rape, they were sentenced to 15 years imprisonment and 4 strokes of the cane under the Section 140 in the Penal Code.
6. From the applicant’s submissions he has served 18 years. He has gone through trainings, which will enable him, engage in gainful activities in the community to support himself and the community.
7. From the recommendation dated 6th June 2019 from prison, the applicant has reformed. The report confirm that as at June 2019, he had served 17 years in prison.
8. In my view the applicant has reformed and having attained training while in prison, he will be useful to the community and his family.
9. I therefore find that the period he has served in prison is sufficient for the two counts he was convicted of.
10. FINAL ORDER
1. 18 years already served is sufficient
2. Applicant is hereby released unless lawfully held.
Ruling dated, signed and delivered at Nakuru this 20th day of February 2020
RACHEL NGETICH
JUDGE
IN THE PRESENCE OF:
Schola – Court Assistant
Rita for State
Accused in person